CASE DIGEST: Bukidnon Doctors Hospital v. Metropolitan Bank & Trust Co.


BUKIDNON DOCTORS’ HOSPITAL INC., petitioner, vs. METROPOLITAN BANK & TRUST CO., respondent
G.R. No. 161882                |          July 8, 2005

 

FACTS:

Sometime in 1995, petitioner Bukidnon Doctors’ Hospital, Inc., obtained a loan of P25 million from respondent MetroBank to be used for the construction of its hospital. To secure this loan, the petitioner mortgaged 6 parcels of land located in Valencia, Bukidnon, registered in the name of the President and Administrator of petitioner hospital, Dr. Rene Sison and Rory P. Roque. Upon petitioner’s default in the payment of the loan, the mortgage was extrajudicially foreclosed and the mortgaged lots were sold in a public auction to respondent bank. The petitioner failed to redeem the properties within the period of redemption. Forthwith, the respondent consolidated its ownership over the properties and was issued new certificates of title.

In a letter received by the respondent on 7 July 2001, the petitioner expressed its desire to continue staying in the subject premises so that the operation of the hospital erected thereon would not be disrupted. Petitioner proposed to pay rent in the amount of P100,000 per month for a period of, but not limited to, three years. The terms finally agreed upon by the parties were: (1) a monthly rental of P150,000, and (2) the effectivity of the lease contract in November 2001.

Approximately a year and eight months after the agreed effectivity date of the lease contract, the respondent asked the petitioner to vacate the leased premises within 15 days. The petitioner refused, invoking the subsisting lease agreement.

On 21 August 2003, the respondent filed with the RTC of Malaybalay City, Bukidnon, an Ex Parte Motion for a Writ of Possession.

On 17 November 2003, the trial court issued an order granting respondent’s ex parte motion for a writ of possession.

On March 4, 2004, petitioner instituted the instant petition for review on certiorari under Rule 45.

In its Comment, respondent asserts that as a purchaser in a valid extrajudicial foreclosure sale under Act No. 3135 and as the absolute owner of the subject parcels of land, it was entitled as a matter of right to the issuance of a writ of possession. The subsequent “agreement to stay” between the parties did not negate respondent’s right to take possession of the subject properties through a writ of possession. In any event, the “agreement to stay” on the subject properties was deemed to be on a month-to-month basis, since the period therefor was not fixed.

The petitioner rebuts in its Reply that the trial court clearly erred in granting respondent’s ex parte motion for a writ of possession because of the existence of a lease agreement between the parties, which was executed after the respondent consolidated its title to the subject properties.

ISSUE:

Whether a writ of possession is the proper remedy for evicting a mortgagor who became a lessee of the mortgaged properties after the mortgagee has consolidated ownership over the properties

RULING:

The law and jurisprudence are clear that in extrajudicial foreclosure proceedings, an order for a writ of possession issues as a matter of course, upon proper motion, after the expiration of the redemption period without the mortgagor exercising the right of redemption, or even during the redemption period provided a bond is posted to indemnify the debtor in case the foreclosure sale is shown to have been conducted without complying with the requirements of the law or without the debtor violating the mortgage contract. The rationale for the ministerial issuance of a writ of possession is to put the foreclosure buyer in possession of the property sold without delay, since the right to possession is founded on ownership of the property.

However, in the instant case, a writ of possession was not the correct remedy for the purpose of ousting the petitioner from the subject premises. It must be noted that possession is the holding of a thing or the enjoyment of a right. It is acquired by the material occupation of a thing or the exercise of a right, or by the fact that a thing or right is subject to the action of one’s will, or by the proper acts and legal formalities established for acquiring such right. “By material occupation of a thing,” it is not necessary that the person in possession should be the occupant of the property; the occupancy can be held by another in his name.

In other words, an owner of a real estate has possession, either when he himself is physically occupying the property, or when another person who recognizes his rights as owner is occupying it.

In the case at bar, it is not disputed that after the foreclosure of the property in question and the issuance of new certificates of title in favor of the respondent, the petitioner and the respondent entered into a contract of lease of the subject properties. This new contractual relation presupposed that the petitioner recognized that possession of the properties had been legally placed in the hands of the respondent, and that the latter had taken such possession but delivered it to the former as lessee of the property. By paying the monthly rentals, the petitioner also recognized the superior right of the respondent to the possession of the property as owner thereof. And by accepting the monthly rentals, the respondent enjoyed the fruits of its possession over the subject property. Clearly, the respondent is in material possession of the subject premises. Thus, the trial court’s issuance of a writ of possession is not only superfluous, but improper under the law. Moreover, as a lessee, the petitioner was a legitimate possessor of the subject properties under Article 525 of the Civil Code. Thus, it could not be deprived of its lawful possession by a mere ex parte motion for a writ of possession.

In a nutshell, where a lease agreement, whether express or implied, is subsequently entered into by the mortgagor and the mortgagee after the expiration of the redemption period and the consolidation of title in the name of the latter, a case for ejectment or unlawful detainer, not a motion for a writ of possession, is the proper remedy in order to evict from the questioned premises a mortgagor-turned-lessee. The rationale for this rule is that a new relationship between the parties has been created. What applies is no longer the law on extrajudicial foreclosure, but the law on lease. And when an issue arises, as in the case at bar, regarding the right of the lessee to continue occupying the leased premises, the rights of the parties must be heard and resolved in a case for ejectment or unlawful detainer under Rule 70 of the Rules of Court.


 

Comments